Legal Opinion

DiPerrio v. Town of Holden

Massachusetts Supreme Judicial Court

Decided November 8, 1960PublishedCited by 11 opinions

1Opinion of the CourtWhittemore, J.

The trial judge assessed damages in this land taking case for less than the amounts respectively found by the auditor and testified to by the petitioner’s witnesses. A part only of the petitioner’s land was taken. It had been “admitted at the trial that the only question involved was the question of the value of the land.” The petitioner asserts error in the failure to pass on six requests for rulings and in the admission of a rule of the metropolitan district commission.

Requests not dealt with are deemed denied where the finding is adverse. John Hetherington & Sons, Ltd. v. William Firth Co.…

2Cases cited5 opinions

  1. John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
  2. Newton Girl Scout Council, Inc. v. Massachusetts Turnpike AuthorityMassachusetts Supreme Judicial Court · 1956
  3. Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
  4. Herman v. SadolfMassachusetts Supreme Judicial Court · 1936
  5. Wolfe v. LaundreMassachusetts Supreme Judicial Court · 1951

3Cited by11 opinions

  1. Iorio v. DonnellyMassachusetts Supreme Judicial Court · 1961
  2. Locke v. AustinMassachusetts District Court, Appellate Division · 1999
  3. Fedorowicz v. Shaw's Supermarkets, Inc.Massachusetts District Court, Appellate Division · 1998
  4. Instant Image Print Shop, Inc. v. Lavigne, Keating, Halstead, Inc.Massachusetts District Court, Appellate Division · 1998
  5. Mishara v. Bankers Marketing Services, Inc.Massachusetts District Court, Appellate Division · 1989

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